Ill. Admin. Code tit. 71 § 100.260

Current through Register Vol. 48, No. 48, December 2, 2024

Section 100.260 - Duties of the Administrative Law Judge

The ALJ shall:

a) Regulate the course of the hearing.

b) Record and keep all relevant documents as the official record, which shall be turned over to the Board at the conclusion of the proceedings.

c) Exclude irrelevant, immaterial or unduly repetitious evidence. However, admission of such evidence shall not preclude a finding that the evidence was irrelevant, immaterial or unduly repetitious.

d) Deny or limit frivolous motions, discovery, or other methods reasonably interpreted to be for the purpose of causing delay or unnecessarily burdening other parties.

e) Assess costs against any party for conduct addressed in subsections (b) and (c) of this Section.

f) Utilize whatever methods are required to bring about the hearing at the earliest possible date.

g) Deny requests to depose the Executive Director or Board Members unless the complainant presents sufficient credible evidence to show a reasonable person would believe that such person has relevant, material, first-hand knowledge that is not merely repetitious of knowledge possessed by others.

h) Enter a default upon failure to appear with advance reasonable notice.

i) Render a written proposal for decision containing findings of fact and conclusions of law, based on the evidence presented, to the parties within 30 days after the hearing. This time shall be extended on motion and order of the ALJ as needed when necessitated by a large volume of evidence to be considered.

Ill. Admin. Code tit. 71, § 100.260

Amended at 29 Ill. Reg. 765, effective January 1, 2005